A place to find news updates, legal analysis, and all official documents related to the various constitutional challenges to the Patient Protection and Affordable Care Act (as amended by the Health Care and Education Reconciliation Act of 2010)

Tuesday, March 27, 2012

Scalia

Those thinking Justice Scalia might follow the logic of his concurrence in Raich (at least one reading of that concurrence) and vote to uphold the minimum coverage provision should probably be disabused of such thoughts. Two important quotes:

“The federal government is not supposed to be a government that has all powers,” Justice Antonin Scalia said early in today’s two-hour argument, Bloomberg News reports. “It’s supposed to be a government of limited powers.”

Justice Scalia raised the challengers’ point, asking if the government can compel Americans to buy broccoli. “You’re not regulating health care. You’re regulating insurance,” he said.